Raja Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 661 MP

                                  1                              CRA-7379-2019
        The High Court Of Madhya Pradesh
                   CRA-7379-2019
            (RAJA KUSHWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

13
Jabalpur, Dated : 12-03-2021
      Shri S.K. Gangrade, learned counsel for the appellants.
      Shri Brijendra singh Kushwaha, learned P.L. for the respondent-State.

Shri Manish Mishra, learned counsel for the objector. Appeal is already admitted on 12.03.2020.

Also, heard on I.A.No.11352/2020, which is an application for

suspension of sentence and grant of bail to the appellant No.3/accused- Babulal Kushwah.

The appeal has been preferred by the appellants against judgment dated 09.08.2019 passed by learned Additional Sessions Judge, Berasiya, District- Bhopal in Session Trial No.372/2017.

Appellant No . 3 stands convicted for an offence punishable under Section 148 of the IPC and has been sentenced to undergo RI for 2 years with fine of Rs.1,000/- in default of payment of fine, additional S.I. for 30 days, Section 324 read with Section 149 of the IPC and has been sentenced

to undergo RI for 2 years with fine of Rs.1,000/- in default of payment of fine, additional S.I. for 30 days and Section 307 read with Section 149 of the IPC and has been sentenced to undergo RI for 8 years with fine of Rs.4,000/- in default of payment of fine, additional S.I. for 3 months.

A s per prosecution case, on 14.06.2017 at about 11:15 am complainant-Hariballabh was working on the post of Munshi in the liquor shop of Hirankhedi. At that time, Sarjansingh Gurjar, Jagmohan, Mangilal and Rakesh Jha came there by his jeep bearing registration No. MP-04-CE-3373 and approached him for going to village Sankhed then complainant along with Sarjansingh reached at Barri Gurjar nearby shop of Shersingh. Sarjansingh and Shersingh started talking then present appellant No.3 along with other co- accused persons armed with sword, rod and farsi, asked Sarjansingh that as 2 CRA-7379-2019 to how he has taken the contract of liquor in his area. Appellant No.3 also asked the Sarjansingh that at his instance, a case was registered against his son and all of sudden appellant No.1-Raja inflicted injury to Sarjansingh by means of sword and appellant No.2-Ranjit, appellant No.3/Babulal Kushwah (Babu Indori) and appellant No.4-Rakesh also inflicted injuries to complainant party by means of sword, rod and farsi, resultantly, complainant-

Hariballabh, Sarjansingh and Rakesh Jha received injuries. Thereafter, on the complaint of the complainant, a case has been registered against the present appellant and other co-accused persons for the alleged offences.

Learned counsel for the appellant No.3 submits that appellant No.3/accused has served almost four years sentence out of 10 years of jail sentence. Appellant No. 3/accused is aged about 70 years old person, there is material contradictions and omissions in the evidence of witnesses. Independent witnesses did not support the participation of present appellant No.3/accused. Actually, complainant-Hariballabh Gupta (PW-6), Rakesh Jha (PW-7) and Sarjansingh (PW-15) tried to outrage the modesty of girl. So, crowd of villagers reached there and inflicted injury to the them. This fact shows from the evidence of Rambabu (PW-2) and other witnesses. There is material contradictions and omissions in the statement of witness. This appeal

is of the year 2019. He further submits that the execution of jail sentence

of other co-accused person namely Rakesh has already been suspended vide order dated 24.07.2020 passed in Cr.A. No. 7379/2019 by this Court. There are fair chances to succeed in the appeal. Final hearing of this appeal will take time. Therefore, the application filed on behalf of the appellant No.3 may be allowed and the period of his remaining jail sentence may be suspended further and he may be released on bail Learned P.L. has opposed the application and prayed for its rejection. Learned counsel for the objector has also opposed the said application submitting that the appellant No.3 is main culprit in this case, he participated in the incident with sharp weapon. Prosecution has proved its case beyond 3 CRA-7379-2019 the reasonable doubt. With the aforesaid, he prays for rejecting this application.

Considering the argument of both the parties, evidence and this fact that appellant No. 3 is aged about 70 years old person. He has served almost four years sentence out of 10 years of jail sentence. This appeal is of year 2019 and final hearing of this appeal will take time, but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the appellant and grant bail to him.

Consequently, I.A.No.11352/2020, is allowed subject to deposit of fine amount, if not already deposited. The execution of jail sentence awarded

to the appellant No.3 shall remain suspended during the pendency of this appeal.

Appellant-Babulal Kushwah be released from custody subject to his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only), with one surety in the like amount, to the satisfaction of the trial Court. The appellant shall appear and mark his presence before the trial Court on 14.06.2021 and shall continue to do so on all such future dates, as may be given by the trial Court in this behalf, during pendency of the matter.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

1. The Jail Authority shall ensure the medical examination of the appellant by the jail doctor before his release.

2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing 4 CRA-7379-2019 him in appropriate quarantine facility.

List the matter for final hearing in due course.

C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

L.R.

Digitally signed by LALIT SINGH RANA Date: 2021.03.15 17:19:16 +05'30'